Devil's in details for harbor watchdog

A harbor watchdog is expecting its own dissolution if a proposal to change the law on reclamation is approved, as the group would no longer have a role.

The Development Bureau is proposing amendments to the Protection of the Harbour Ordinance that make it easier for authorities to carry out small-scale reclamation work, including building promenades and boardwalks, cycle tracks, harbor pools, viewing decks and piers.

Society for Protection of the Harbour founder Winston Chu Ka-sun said yesterday the watchdog supports the carrying out of small-scale reclamation works but appealed to the public not to be misled into believing that the government only wishes to push the construction of small projects.

"There is one section buried in the details, which most people do not spot [it], which is to take away the right of the courts to adjudicate on the legality of large-scale reclamation," Chu said.

"We used the ordinance to stop 600 hectares of harbor reclamation, that is 140 million square feet. That is what concerns us because if this section passes the government can proceed with all these large-scale reclamations without the public having any right to stop it," he said.

"Our society is very concerned. We are so concerned that we are thinking of winding up the society if this goes through."

Chu said the public can go to court to challenge reclamation decisions at the moment, but they will lose that right after the amendment is passed, which is "extremely dangerous."

He added: "We are going to wind up our society because we can't do our job What can we do if they change the law?"

Currently, the ordinance sets out a "presumption against reclamation," and officials cannot carry out such projects unless they can prove there is an overriding public need for them. The authorities must prove the public need is "compelling and present" and prepare "cogent and convincing materials" to show the necessity of a project.

In the amendment, the bureau is proposing all small-scale enhancement works involving no more than 0.8 hectares and non-permanent reclamation works of no more than three hectares and lasting less than three years should be exempted from the presumption rule and subject to streamlined procedures.

Large projects should be assessed by the chief executive and the Executive Council.

It will consult the Harbourfront Commission and the public before submitting the bill to the Legislative Council in the first half of next year.